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Obligation owed to youngsters when contemplating new C02 emitting initiatives, however Tasmanian torts knowledgeable says judgement more likely to be appealed | The Advocate

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A federal court ruling that the harm caused by CO2 emissions to future children should be taken into account by politicians when considering permits is likely to be challenged, says a crime expert. But the decision is being hailed by a Tasmanian researcher as a step in the right direction for the climate, alongside a slew of new legal cases fighting for environmental preventive action. In the most recent case of negligence, it was found that National Environment Minister Sussan Ley had a duty of care to avoid harming children and that she should take this duty into account when deciding on approving a coal mine expansion under the Environmental Protection and Species Act . Jane Nielsen, a lecturer at the University of Tasmania, said the problematic decision would almost certainly be challenged. “The judge felt it was an imperative to consider … [the Minister] is forced to consider the health of the children of Australia in decisions that could affect the environment. This is a very broad idea and on that basis alone they are likely to appeal, ”said Associate Professor Nielsen. “It is unusual for a court to impose such extensive due diligence on a legal government agency in particular, and essentially a class of people that is quite vague,” she said Owed duty of care? It’s just such a big class. “The case, said Gabi Mocatta, researcher on climate change communications at the University of Tasmania, is part of a growing trend towards positive climate decisions. Dr. Mocatta said such cases are beginning to provide a legal framework , who made it harder for companies to carbon dioxide, she said they are also sending a strong message to policymakers to tackle climate change, which when combined with a public wave of action is actually change week after the Australian Conservation Foundation won its challenge against the Adani Pipeline, and it came the same month a Dutch court ordered Shell to cut its carbon emissions by 45 percent by 2030, “said Dr. Mocatta.” We hope and expect that these types of climate decisions will be made more often and more … that is it’s really important legal decisions, and it’s really good news for the climate. ”Associate Professor Nielsen agreed that more cases like this could arise in the future. “I can absolutely see that more of these cases will arise, but decisions like this have to be reasoned, and judges really have to be careful about the defensibility of their position.” Well-founded, but not an injunction to stop the coal mine, as applications to the court had found no violation of this obligation to consider the children if they allow the emission of 100 Mt CO2 into the earth’s atmosphere, “he wrote in the judgment. “You [Minister Ley] will now acknowledge that, contrary to the statements made on its behalf at the hearing, it must take into account the avoidance of personal injury when deciding on the approval of the expansion project. “She now knows that an owed duty of care towards the children has been proven and that … it is now legally recognized.”

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A federal court ruling that the harm caused by CO2 emissions to future children should be taken into account by politicians when considering permits is likely to be challenged, says a crime expert.

But the decision is being hailed by a Tasmanian researcher as a step in the right direction for the climate, alongside a slew of new legal cases fighting for environmental preventive action.

In the most recent case of negligence, it was found that National Environment Minister Sussan Ley had a duty of care to avoid harming children and that she should take this duty into account when deciding on approving a coal mine expansion under the Environmental Protection and Species Act .

Jane Nielsen, a lecturer at the University of Tasmania, said the problematic decision would almost certainly be challenged.

“The judge felt it was an imperative to consider … [the Minister] is forced to think about the health of the children of Australia in decisions that could affect the environment. This is a very broad idea, and based on that alone, it is likely to resonate, ”said Associate Professor Nielsen.

“It is unusual for a court to impose such an extensive duty of care, particularly on a legal government agency and basically on a class of people who is quite vague,” she said.

“That idea that you owe a duty of care to all of Australia’s children, including future children? It’s just such a big class.”

The case is part of a growing trend towards positive climate decisions, according to Gabi Mocatta, a climate change communication researcher at the University of Tasmania.

Dr. Mocatta said such cases are beginning to create a legal framework that would make it harder for businesses to get carbon dioxide.

She said they are also sending a strong message to policy makers to tackle climate change which, when combined with a public wave of action, could actually lead to change.

“That decision was made a week after the Australian Conservation Foundation won its appeal against the Adani Pipeline. In the same month, a Dutch court ordered Shell to cut its carbon dioxide emissions by 45 percent by 2030, ”said Dr. Mocatta.

“We hope and expect that these types of climate decisions will become more common … these are really important legal decisions, and it is really good news for the climate.”

Associate Professor Nielsen agreed that more cases like this could arise in the future.

“I can absolutely see that there will be more of these cases, but decisions like this have to be well reasoned and the judges really have to be careful that their position is defensible.”

In his judgment, Judge Mordecai Bromberg found that the complainant had created a new duty of care in negligence, but did not issue an injunction to stop the extension of the coal mine, as petitions to the court had found no breach of that duty.

“Given today’s social conditions and community standards, a sensible environment minister should consider the children if he enables 100 million tons of CO2 to be emitted into the earth’s atmosphere,” he wrote in the ruling.

“You [Minister Ley] will now acknowledge that, contrary to the statements made on its behalf at the hearing, it must take into account the avoidance of personal injury when deciding on the approval of the expansion project.

“She now knows that an owed duty of care towards the children has been proven and that … it is now legally recognized.”

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